Tag Archives: unpaid wages

Principal Of Former Employer Liable Based On Alter Ego Theory

Hacker v. Fabe, 92 Cal. App. 5th 1267 (2023) In 2005, attorney Jacqueline Fabe filed claim for unpaid wages against her employer with the Labor Commissioner. Her employer then filed a malpractice suit against Fabe, and Fabe in response filed a retaliation suit with the Labor Commissioner. Fabe and the Labor Commissioner later won on … Continue Reading

September 2023 California Employment Law Notes

By Tony Oncidi on September 19, 2023 Posted in appellate court, base compensation, California Department of Corrections and Rehabilitation, California Labor and Workforce Development Agency, Court of Appeals, Employment Law Notes, Labor Code Section 4553, Liability for Employee’s Actions Outside the Workplace, Off-the-clock Issues, permanent disability, Reasonable Accomodation, reconsideration

We invite you to review our newly-posted September 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members School District Employer Did Not Violate The Law By Requiring … Continue Reading

July 2023 California Employment Law Notes

We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements PAGA Debt Not Dischargeable in Bankruptcy Distributors Not Liable For Unpaid Wages Of … Continue Reading

Distributors Not Liable For Unpaid Wages Of Agricultural Workers

By Tony Oncidi on July 18, 2023 Posted in Bankruptcy, California Labor Code, California Labor Code Section 2810, Independent Contractors

Morales-Garcia v. Better Produce, Inc., 70 F.4th 532 (9th Cir. 2023) Agricultural laborers who picked strawberries for several growers sued the growers’ distributors, Better Market Produce and Red Blossom Sales, alleging that the distributors were liable for unpaid wages after the growers went bankrupt. Under Cal. Lab. Code § 2810.3, a company that outsources work … Continue Reading

January 2023 California Employment Law Notes

By Tony Oncidi on February 8, 2023 Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, Breach of Contract, Defamation, Discrimination, Employment Law Notes, Hiring, Independent Contractors, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Wage Statements, Wrongful Termination

We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading

Judgment Against Employer Was Enforceable Where Appeal Was Invalid

By Tony Oncidi on February 8, 2023 Posted in Jurisdiction, Minimum Wage

Patel v. Chavez, 85 Cal. App. 5th 712 (2022) Manuel Chavez was employed as an on-site hotel property manager by DTWO & E, Inc. and Stuart Union, LLC from 2002 to 2016. Chavez alleged he was paid less than the minimum wage and that the employers committed wage theft. In 2017, the Labor Commissioner issued … Continue Reading

May 2022 California Employment Law Notes

We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading

California Resident May Rely Upon Labor Code § 925 To Challenge Non-Compete

By Tony Oncidi on May 25, 2022 Posted in Breach of Contract, California Labor Code, Labor Code § 925, Wage and Hour

LGCY Power, LLC v. Superior Court, 75 Cal. App. 5th 844 (2022) California resident Michael Jed Sewell worked as a sales representative and sales manager for LGCY Power, which is headquartered in Salt Lake County, Utah. In 2015, Sewell signed a “Solar Representative Agreement,” which included noncompetition, nonsolicitation and confidentiality provisions as well as Utah … Continue Reading

Employees Who Voluntarily Used Company Vehicle Are Not Entitled To Travel Time

By Tony Oncidi on January 7, 2019 Posted in California Labor & Employment Law, Class Actions, Employment Law Notes

Hernandez v. Pacific Bell Tel. Co., 29 Cal. App. 5th 131 (2018) Employees of Pacific Bell who install and repair video and internet services in customers’ homes asserted a putative class action against the company for allegedly unpaid compensation for time they spent traveling in an employer-provided vehicle (loaded with equipment and tools) between their … Continue Reading

Property Inspectors’ Putative Class Action Was Properly Denied Certification

By Tony Oncidi on January 7, 2019 Posted in California Labor & Employment Law, Class Actions, Employment Law Notes, Independent Contractors, Minimum Wage, Wage and Hour

McCleery v. Allstate Ins. Co., 2018 WL 6583916 (Cal. Ct. App. 2018) Plaintiffs/property inspectors alleged they were improperly hired as independent contractors by insurance companies and sought payment of unpaid minimum wages, overtime, meal and rest breaks, employee expense reimbursements as well as compliance with various other Labor Code provisions. The trial court concluded that … Continue Reading

California Legislature Mulls New Package Of “Job Killer” Bills

By Tony Oncidi and Nayirie K. Mehdikhani on April 25, 2018 Posted in California Labor & Employment Law, New and Proposed Laws and Legislation, Uncategorized

By Anthony J. Oncidi and Nayirie Kuyumjian The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature. This year’s list of 27 proposed laws includes measures that would impose additional penalties for an employer’s failure to pay wages; increase the … Continue Reading

Employee Was Properly Awarded $31,000 In Attorney’s Fees On $300 Unpaid Wage Claim

By Tony Oncidi on May 8, 2017 Posted in Attorney's Fees, California Labor & Employment Law

Beck v. Stratton, 9 Cal. App. 5th 483 (2017) Anthony Stratton filed a claim against Thomas Beck with the labor commissioner for unpaid wages in the amount of $303.55. After conducting an administrative hearing, the labor commissioner awarded Stratton $303.50 plus an additional $5,757.46 in liquidated damages, interest and statutory penalties for a total award … Continue Reading

Unpaid Interns Who Are “Primary Beneficiaries” Of The Relationship Are Not Employees Under The FLSA

By Tony Oncidi on July 28, 2015 Posted in Employment Law Notes

Glatt et al. v. Fox Searchlight Pictures, Inc. et al., 2015 WL 4033018 (2d Cir. 2015) Plaintiffs Eric Glatt and Alexander Footman were retained as unpaid interns on the Fox Searchlight-distributed film Black Swan; Plaintiff Eden Antalik interned at Fox Searchlight’s corporate offices in New York City. Glatt and Footman sued for unpaid wages (minimum … Continue Reading

Employer Is Entitled To Recover Its Fees As Prevailing Party In Reporting Time Pay Case

By Tony Oncidi on November 1, 2012 Posted in Employment Law Notes, Wage and Hour

Aleman v. AirTouch Cellular, 209 Cal. App. 4th 556 (2012) Two members of a putative class appealed from a trial court order granting summary judgment against them. The Court of Appeal affirmed summary judgment on the ground that the employee was not entitled to receive reporting time pay for attending meetings at work because all … Continue Reading

PAGA Judgment Is Mostly Affirmed In Employee’s Favor

By Tony Oncidi on March 1, 2012 Posted in Class Actions, Employment Law Notes, Meal Periods and Rest Breaks, Unfair Competition, Wage and Hour

Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal. App. 4th 1112 (2012) Leander Thurman sued Bayshore for alleged violations of the Private Attorneys General Act of 2004 (“PAGA”) and the Unfair Competition Law and, following a bench trial, a judgment was entered imposing civil penalties, including unpaid wages, against Bayshore in the total amount of … Continue Reading

Employee May Not Recover Penalties As Restitution Under Unfair Competition Law

By Tony Oncidi on March 1, 2009 Posted in Employment Law Notes, Unfair Competition

Pineda v. Bank of Am., N.A., 170 Cal. App. 4th 388 (2009) Jorge Pineda filed this class action against Bank of America for unpaid wages and for “waiting-time” penalties under Labor Code § 203. Although Pineda gave the bank two weeks’ advance notice of his resignation, the bank failed to pay him his final pay … Continue Reading

Owners And Managers Cannot Be Held Personally Liable For Wage Violations

By Tony Oncidi on May 1, 2008 Posted in Employment Law Notes, Wage and Hour

Bradstreet v. Wong, 161 Cal. App. 4th 1440 (2008) Toha Quan and Anna Wong owned the capital stock and served as corporate officers or directors of three San Francisco garment manufacturing companies (the “Wins Corporations”). For several months during the summer of 2001, the Wins Corporations failed to meet their payroll obligations, and the owners … Continue Reading

Housekeeper’s Award Of $70,000 For Unpaid Wages Is Affirmed

By Tony Oncidi on January 1, 2008 Posted in Employment Law Notes, Wage and Hour

Gonzalez v. Beck, 158 Cal. App. 4th 598 (2007) Josepha Gonzalez worked as a caregiver and housekeeper for the Beck Family. Upon the termination of her employment, she filed a claim for unpaid wages with the California Labor Commissioner. When the Becks failed to answer or appear at the administrative hearing, Gonzalez obtained an award … Continue Reading

Outside Sales Managers Could Not Proceed With Class Action For Unpaid Overtime

By Tony Oncidi on May 1, 2007 Posted in Employment Law Notes, Overtime

Walsh v. IKON Office Solutions, Inc., 56 Cal. Rptr. 3d 534 (Ct. App. 2007) The trial court in this case initially granted the plaintiffs’ motion to certify a subclass of account managers who had been treated as exempt employees under the outside salesperson exemption. However, almost a year later, a different judge granted IKON’s motion … Continue Reading

Claim For Unpaid Meal Periods Is Subject To Three-Year Statute Of Limitations

By Tony Oncidi on May 1, 2007 Posted in Employment Law Notes

Murphy v. Kenneth Cole Productions, Inc., 2007 WL 1111233 (Cal. S. Ct. 2007) Former store manager John Paul Murphy sued Kenneth Cole Productions, Inc. (KCP), a small, upscale retail clothing store, for violations of the wage and hour law, asserting that he was improperly classified as an exempt employee. After resigning his employment, Murphy filed … Continue Reading

Absent Class Members Were Barred From Bringing New Action For Unpaid Overtime

By Tony Oncidi on January 1, 2007 Posted in Employment Law Notes

Alvarez v. May Dep’t Stores Co., 143 Cal. App. 4th 1223 (2006) Plaintiffs in this case are 56 current and former Area Sales Managers employed by May Department Stores who alleged that they were improperly classified as exempt administrative employees and that they were not paid statutory overtime that was owed to them. The trial … Continue Reading

Court Refuses To Apply “Look-Back” Statute Of Limitations To Claim For Unpaid Vacation

By Tony Oncidi on January 1, 2007 Posted in Employment Law Notes

Church v. Jamison, 143 Cal. App. 4th 1568 (2006) In this action arising from the alleged malpractice of John Church’s attorney, the trial court granted the attorney’s motion for judgment on the pleadings on the ground that the attorney could not be held liable for legal malpractice because the statute of limitations had not run … Continue Reading

Unionized Employees’ Claims For Unpaid Meal Periods And Rest Breaks Were Not Preempted By Federal Law

By Tony Oncidi on July 1, 2005 Posted in Employment Law Notes

Valles v. Ivy Hill Corp., 410 F.3d 1071 (9th Cir. 2005) David Valles and John Breslin sued their employer, the Ivy Hill Corporation, for failing to provide them and other unionized employees with adequate meal periods and rest breaks in violation of the California Labor Code and the applicable wage regulations. In response to the … Continue Reading

Non-Profit Organization’s Motion To Strike Company’s Defamation Action Should Have Been Granted

By Tony Oncidi on May 1, 2004 Posted in Defamation, Employment Law Notes, Retaliation

Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles, 117 Cal. App. 4th 1138 (2004) Fashion 21, a nationwide retailer of women’s clothing, purchased garments from manufacturers and sewing contractors that allegedly exploited their employees by refusing to properly pay them or provide them with clean and safe facilities in which to work. The … Continue Reading

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